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Trump Administration Seeks Supreme Court Approval for Alien Enemies Act Deportations

The administration appeals to the Supreme Court to lift a restraining order blocking deportations of alleged Venezuelan gang members, arguing presidential authority over national security.

Salvadoran police officers escort alleged members of the Venezuelan gang Tren de Aragua deported by the U.S. government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, in Tecoluca, El Salvador, in this handout image obtained March 16, 2025. Secretaria de Prensa de la Presidencia/Handout via REUTERS/File Photo
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Venezuelan migrants deported from the United States arrive at Simon Bolivar International Airport in Maiquetia, Venezuela, Monday, March 24, 2025. (AP Photo/Ariana Cubillos)
Migrants can be seen boarding a plane during the first deportation flight of undocumented migrants from the U.S. to Venezuela, in Harlingen, Texas, on October 18, 2023.

Overview

  • The Trump administration has filed an emergency appeal with the Supreme Court to overturn a restraining order on deportations under the 1798 Alien Enemies Act.
  • U.S. District Judge James Boasberg initially issued the restraining order on March 15, citing due process concerns, while the D.C. Circuit Court of Appeals upheld the order on March 26.
  • The administration argues that the Tren de Aragua gang's activities constitute an 'invasion' under the Alien Enemies Act and that deportations are critical to national security.
  • Critics, including human rights advocates, argue the law is inapplicable during peacetime and that deportees were denied fair hearings, with some allegedly misidentified as gang members.
  • The Supreme Court has yet to rule, with the restraining order extended until April 12 and Judge Boasberg demanding further accountability from the administration.